Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698947176198.pdf (Uganda)
OFFICE OF THE LEADER OF THE OPPOSITION ALTERNATIVE POLICY STATEMENT FOR THE HUMAN RIGHTS SECTOR FOR THE FY2020/21 BY HON ANYWARACH JOSHUA CARTER SHADOW MINISTER FOR HUMAN RIGHTS 2020 1 Table of Contents ABBREVIATIONS AND ACRONYMS ...................................................................................................... 3 EXECUTIVE SUMMARY ........................................................................................................................ 4 CHAPTER 1: BACKGROUND TO THE ALTERNATIVE POLICY STATEMENT.
........................................... 5 1.0 Legal Provision for Presenting the Alternative Policy Statement.

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1.1 Sector Overview ........................................................................................................................ 5 CHAPTER 2: THE UGANDA HUMAN RIGHTS SITUATIONAL ANALYSIS 2019/2020.
............................. 7 2.0 Budget Allocation ...................................................................................................................... 7 2.1 Alignment to the National Development Plan .......................................................................... 9 2.2 Gender and Equity Compliance.
............................................................................................. 10 2.3 Emerging Issues ....................................................................................................................... 10 CHAPTER 3.

ALTERNATIVE POLICY PROPOSALS/DIRECTION.

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3.1 Establish Independent Human Rights Court.


.......................................................................... 13 3.2 Facilitate participation of all society sectors in the political Process.

.................................... 13 3.4 Issues immediate and clear public orders as a policy to security forces.

............................... 13 3.5 Inquire into all allegations of human rights violations.
.......................................................... 13 3.6 Allow Access to all suspect detention centres.

....................................................................... 14 CHAPERT 4: CONCLUSION.
................................................................................................................ 14 2 ABBREVIATIONS AND ACRONYMS ICD International Crimes Division POMA Public Order Management Act ICC International Criminal Court UHRC Uganda Human Rights Commission ADF EAC FDC Allied Democratic Forces East African Community Forum for Democratic Change PFMA Public Finance and Management Act HRD ISO JLOS SDG UCC Human Rights Defenders Internal Security Organization Justice Law and Order Sector Sustainable Development Goals Uganda Communication Commission UDHR Universal Declaration of Human Rights UN United Nations 3 EXECUTIVE SUMMARY The Uganda Human Rights Commission (UHRC) was established under the 1995 Constitution of the Republic of Uganda to promote and protect human rights and freedoms in the country in recognition of Uganda’s violent and turbulent history.
In August, the speaker of parliament, Rebecca Kadaga, directed parliament’s Human Rights Committee to investigate claims of the existence of safe houses kept by the Internal Security Organisation (ISO) to illegally detain and torture people.

This came after police redesignated Nalufenya detention facility in Jinja, Eastern Uganda, as a standard police station in 2018.

Nalufenya had been a notorious place of torture and long-term detention without trial.
Additionally, the inadequate knowledge within the public domain and citizenry contributes to low levels of effective demand for rights, implementation of citizen responsibilities, accountability, and therefore creates opportunity for impunity.

There is need to strengthen institutional compliance of service delivery systems as well as enable people to appreciate/know their rights/service points and standards.
We also call for the creation of a more favourable environment for a stronger civil society in the country, including guaranteeing the full legitimacy for human rights defenders to spare them from the harassment they had to face so far and establish closer links with international human rights non-governmental organizations.
There is an urgent need Prioritize the fight against impunity for past and present serious human rights violations and abuses, by ensuring prompt, independent and impartial investigations for all violations and abuses and to hold those responsible accountable.

The authorities should take measures for the protection of victims and witnesses and ensure that those handling such cases, including the magistrates and judges are gguaranteed.

4 CHAPTER 1: BACKGROUND TO THE ALTERNATIVE STATEMENT.
1.0 Legal Provision for presenting the Alternative Policy Statement.

In line with The Administration of Parliament Act (2006), the Leader of Opposition in Parliament is mandated to consult with his or her party leadership to appoint a Shadow Cabinet from members of the Opposition in Parliament with portfolios and functions that correspond to those of Cabinet Ministers1.
Within the same legal framework, the Shadow Minister is mandated to present an Alternative Policy Statement on the Floor of the House for consideration and possible implementation.

In view of the above, the Shadow Minister for Human Rights presents this Alternative Policy Statement2.
1.1 Sector Overview The Uganda Human Rights Commission (UHRC) was established under the 1995 Constitution of the Republic of Uganda to promote and protect human rights and freedoms in the country in recognition of Uganda’s violent and turbulent history that had been characterized by arbitrary arrests, detention without trial, torture and brutal repression with impunity on the part of security organs during the pre and post- independence era.
The Uganda Human Rights Commission was established3 under the provisions of the 1995 Constitution of the Republic of Uganda and its functions and powers were operationalized under the Uganda Human Rights Act of 1997.
Delays in processing of bills into acts of Parliament affecting the delivery of services, Inadequate information on the implementation of the international protocols which makes it challenging for Parliament to oversee Government’s commitments and/ or activities carried out at international level; Backlog of the Constitutional reports for consideration by the Parliamentary oversight committees, Increased instances of maladministration and administrative injustice in the public sector resulting into 1 Section 6E(2) of The Administration of Parliament Act(2006) 2 Rule 146 of the Rules of Procedure 3 The Constitution of the Republic of Uganda 1995 5 ineffective service delivery; and corruption in the judicial system all remain a great challenge hindering the commission from executing its work.
Access to legal aid is essential to guaranteeing equal access to justice for all, especially for citizens who do not have sufficient financial means.

Although, the proportion of magisterial areas accessing state funded legal aid services has increased from 26% to 30.4%, this is still too low4.

Currently, legal aid service provision is restricted to mainly legal representation in certain legal matters especially at higher court levels by the state.
Legal aid service provision at lower courts is minimal and usually provided by non-state actors.

Legal aid is limited for those unable to afford advocates.

There is need to fast track the legal aid law as well as enhance the State Brief Scheme and Pro-bono services.

Uganda’s reliability of policing service (index) dropped from 4.0 in 2017 to 3.8 in 2018.
The daily average population of prisoners in custody has been on the upsurge from 30,509 prisoners in FY2010/11 to 53,033 prisoners in FY2017/18 – an Annual growth of 8.3% against the 3.0% national population growth.

However, investments in rehabilitation of inmates led to a reduction in the rates of re-offending from 23% in 2015 to 17% in 2018.

Also, as a result of investments into crime fighting agencies the conviction rate increased to 62% from 53% in 2014.

This continues to be the trend even now5.


JLOS institutions are frequently accused in cases of human rights violations and this erodes public confidence in law enforcement agencies, legitimacy in upholding the rule of law, and the resultant awards against Government lay a heavy financial burden on the State.
Additionally, the inadequate knowledge within the public domain and citizenry contributes to low levels of effective demand for rights, implementation of citizen responsibilities, accountability, and therefore creates opportunity for impunity.

There is need to strengthen institutional compliance of service delivery systems as well as enable people to appreciate/know their rights/service points and standards6.
The decision to establish a permanent body to monitor the human rights situation in the country was in recognition of Uganda’s violent and turbulent history that had been characterized by arbitrary arrests, detention without trial, torture and brutal repression with impunity on the part of security organs during the pre and post- independence era.
The Human Rights Commission is charged among other with a duty to promote observance of human rights and Accountability Promoted; to adequately inform and empower citizenry to participate in governance; to promote Economic, Social and Cultural Rights; and to improve state compliance with international, regional, and national human rights obligations.
4 NDPIII 5 Global Competitiveness Report 2018 6 NDPIII 6 CHAPTER 2: THE UGANDA HUMAN RIGHTS SITUATIONAL ANALYSIS 2019/2020 The mandate to present a policy statement is derived from the Finance Management Act 2025 under section 13 which provides as follows; The Minister responsible for a vote, ministry or the head responsible for a vote, shall by the 15th of March submit to Parliament, the policy statements for the proceeding financial year, for the Ministries or the other votes, as the case may be7.
The violations of freedom of association, assembly, and expression continued in 2019 as authorities introduced new regulations restricting online activities and stifling independent media.

The government arrested its political opponents and blocked political and student rallies.
These restrictions on expression and assembly, arbitrary detentions and prosecutions of outspoken critics, and the government’s failure to ensure accountability for past abuses, is a threat to all stakeholders of the 2021 general elections8.

2.0 Budget Allocation The Uganda Human Rights Commission submitted wage requirement of Shs.

19,344,848,794 / = for the Financial Year 2019 /2O and only Shs.

6,594,848,7941 was provided = for the existing staff establishment.
Summary of Vote Estimates for Protection and Promotion of Human Rights Thousand Uganda Shillings 2018/19 Approved Budget 2019/20 Draft Estimates9 7 Section 14 Finance Management Act 2015 8 www.hrw.org/world-report/2020/country-chapters/uganda 9 Budget Estimates 2019/2020 7 RecurrentBudget Estimates Statutory Total Recurrent Budget Estimates Development Budget Estimates Support to Human Rights Total Development Budget Estimates Total For Programme Wage Non Wage Total 6,594,849 13,158,091 19,752,939 6,594,849 13,158,091 19,752,939 GoU Dev't External Fin Total 411,797 411,797 GoU External Fin 20,164,737 0 411,797 411,797 Total 20,164,737 GoU External Fin Total T o t a l Total Excluding Arrears Total Vote 106 19,273,505 20,164,737 Total Excluding Arrears 19,273,505 19,273,505 20,164,737 19,273,505 Non-recurrent wage Recurrent10.
The Uganda Human Rights Commission submitted Non-Wage Recurrent budget requirement of Shs.

25,516,858,43Ol= and Shs.

12,266,858,43O/= was provided in the budget for FY 2019 /20 to cater for their activities in the FY2019/20.

submitted Capital Development.

The Uganda Human Rights Commission development budget requirement of Shs.

4,321,797,336 / = for the Financial Year 2Ol9 /2O.

It was provided Shs.

411,797,335/= in the budget for FY 2Ol9/2O to cater for their prioritized activities11.
These funding gaps continue to compromise the quality of services the commission is mandated to give to the nationals.

Table 1.

Budget Allocations for the FY 2020/2112 Billion Uganda Shillings Recurrent Wage FY2018/19 5.591 2019/20 2020/21 6.15 6.458 10 Budget Framework Paper 2020/2021 11 11 Budget Framework Paper 2020/2021 12 Budget Framework Paper 2020/21 8 Non Wage Devt GOU Extn.
Fin GoU Total Total GoU+Ext Fin A.I.A Total Grand Total 12.103 0.412 0 18.106 18.106 0 18.106 14.766 0.502 0 21.419 21.419 0 21.419 16.981 0.603 0 24.042 24.024 0 24.042 2.1 Alignment to the National Development Plan Good governance is the panacea towards accelerated development in economic, political and social sectors of a nation.

Efficient political and economic strands promote social order.

A stable, predictable and secure political environment is a pre- requisite for socio-economic development.
This involves protecting gains from internal instability and external aggression.

The Rule of law is the foundation of a free society that places limits on government authority such that all citizens of that society including the rulers, lawmakers, judges, and members of all social classes are equally subject to a common set of laws and by implication, are not subject to government action that is unsupported by the law.
The 2030 Agenda (SDG 16) recognises the need to build peaceful, just and inclusive societies that provide equal access to justice and strong institutions13.

Aspiration 3 of Agenda 2063 is to have an Africa of good governance, democracy, respect for human rights, justice and the rule of law14.
Pillar 3.6 of the EAC Vision 2050, calls for democratic values, human rights, access to justice and the rule of law entrenched in all East African Partner State15 The tenets of good governance include constitutional democracy, protection of human rights, rule of law, political and electoral processes, transparency and accountability, government effectiveness and regulatory quality and security16.
Particularly the Vision 2040 identified human rights observance as a critical feature of good governance and the rule of law.

However, weak adherence to the rule of law and existence of internal and external security threats threaten governance and security.
This is due to: (i) weak policy, legal and regulatory frameworks for effective governance; (ii) weak business support environment; (iii) low respect for and observance of human rights and fundamental freedoms; (iv) limited access to and affordability of justice; (v) high crime rates (vi) weak societal security structure and (vii) low recovery rate of public funds from individuals implicated in corruption.
Further, cyberspace is now a medium for disinformation among competing commercial interests, ideological adversaries, governments, and “extremists”, and it is a “battleground” between “cybercriminals” and law enforcement.

Cyberattacks at 13 Transforming Our World: The 2030 Agenda For Sustainable Development 14 Agenda 2063 15 NDPII 16 Uganda Vision 2040 9 the level of cyberwar have already occurred, and are occurring with increasing frequency and effect.
The introduction of ICT into crime prevention, including CCTV cameras, Criminal Database, Finger Print Scanners, DNA and Forensics, Tracking, communication, has also improved the way in which the police and other services operate.

However, there is still a challenge of kidnaps and high profile murders whose investigations have not been concluded.
There is need for formulation of a national policy on crime prevention, strengthen the capacity of crime fighting agencies including investigation, prosecution and correctional institutions to reduce the crime rate and effectively and efficiently respond to crime.

With the growth of more sophisticated, technology based and syndicated crime, the methods and skills required of law enforcement personnel needs to be enhanced to meet the new challenge.
Whereas the requirement for alignment to the NDPIII is meant to assess the consistency and contribution of the sector plans and policies as articulated in the Ministerial Policy Statement for the FY 2020/2021 with the National Development Plan III and the Charter for Fiscal Responsibility, there is only a cover up reference to the NDPIII in the Ministerial Policy Statement.

The requirement for alignment in in accordance with the Public Finance and Management Act 2015 sections 13(6)(7).
However, it is out of question that the sector is working towards achieving the National Development Plan II through its strategic objectives.

2.2 Gender and Equity Compliance.


In accordance with Article 32(3) of the 1995 Constitution of the Republic of Uganda (as amended), section (14) and (15) of the Equal Opportunities Commission Act(2007), section13 (15) (g) (i) and (ii) of the Public Finance Management Act (2015), the Equal Opportunities Commission assessed Ministerial Policy Statements (Financial Year 2020/2021) for compliance with Gender and Equity.
Gender and equity planning and budgeting play a very instrumental role in realizing the founding principles.

In fulfillment of the gender and equity provisions of the Public Finance Management Act (PFMA), 2015, the Commission specific assessment Report on compliance of Ministerial Policy Statement with Gender and Equity requirements for the Financial Year 2020/2021.

The Ministerial Policy Statement was issued with a certificate of Compliance as required by law17.

2.3 Emerging Issues 2.4.


1 Freedom of Expression.

The Ugandan government continued to undermine freedom of expression by imposing new regulations on bloggers and website owners.

In 2019, the government introduced new regulations requiring online operators to apply for authorization to 17 www.eoc.go.ug/media-updates/2019/02/eoc-launches-nbfp-and-sbfp-gender-and-quity-requirements-fy- 20192020 10 host blogs and websites or risk being shut down.
Government also censored media outlets, and arbitrarily detained outspoken critics of the president.

In April 2019, the UCC directed 13 radio and television stations to suspend their staff, accusing them of airing programs that were “unbalanced, sensational and often give undue prominence to specific individuals,” after they aired news reports covering opposition politician.
In the same month, police switched off three radio stations in Kabale, Jinja, and Mubende as they hosted prominent opposition leaders18.

2.4.2 Freedom of Assembly.

In April 2019, security officers arrested Hon.


Kyagulanyi Robert Kyadondo East Constituency while on the way to address a press conference on issues of “police brutality, injustice and abuse of authority.” A week later, he was charged with disobedience of statutory duty for leading a protest in July 2018 against a tax on social media use that the government imposed.
In August 2019, Kyagulanyi faced additional charges for inciting violence and with intent to "alarm, annoy or ridicule" the president, stemming from 2018 when Kyagulanyi and 33 other people were arrested and charged with treason on allegations that they threw stones at the president’s car during an election campaign rally in Arua in Northern Uganda.

Kyagulanyi and the others alleged that security forces tortured them in detention.
On May 30, 2017 the Constitutional Court declared unconstitutional Section 36 of the Police Act, which allowed police to use unlimited force when dispersing crowds and gatherings with no liability for deaths or injuries.

The decision signals the need for reform of other laws that allow police and other security forces to arrest and disperse crowds without limits on the use of force or firearms.
The police used the 2013 Public Order Management Act (POMA) to block, restrict, and disperse peaceful assemblies and demonstrations by opposition groups, often with excessive force.19 In October, police and military forces cracked down on student protests at Makerere University in Kampala, firing teargas into student residences, raiding dormitories, beating and arresting students, detaining dozens for days without charge.
The Continued intentional misinterpretation of the POMA by the security agencies to mistreat Ugandans is one of the worst human rights calamities in the 21st Century.

Consequently the Constitutional Court nullified section 8 of the same law on the 20th March 2020 for its unconstitutionality and undemocratic.

2.4.3 Lack of Accountability for Torture, Killings.
In 2018, the director for public prosecutions ordered the police to investigate allegations that security operatives tortured Kyagulanyi and 33 others in Arua in 18 www.hrw.org/world-report/2020/country-chapters/uganda 19www.hrw.org/world-report/2020/country-chapters/uganda 11 August 2018.

To date, police have made no public announcements regarding the progress or conclusion of the investigations and have made no arrests in connection with the allegations.

In August 2019, the Rt.

Hon.


Speaker of parliament, Rebecca Kadaga, directed parliament’s Human Rights Committee to investigate claims of the existence of safe houses operated by the Internal Security Organisation (ISO) to illegally detain and torture people.

This came after police redesignated Nalufenya detention facility in Jinja, Eastern Uganda, as a standard police station in 2018.

To date there has never been a formal report about the committee findings in regard to “safe houses”.
In September, the Treasury's Office of Foreign Assets Control in the United States designated former Inspector General of Police General Kale Kayihura for gross human rights violations and corruption through his role as the then Inspector General of Police.

While head of police, Kayihura oversaw the Flying Squad Unit and the Nalufenya Special Investigations Center.

No tangible action has been taken to bring to book the culprit.
None of the above have been fully prosecuted and the public is not in the know of what course of action the government is to take.

Hence loss of public trust in as far as the commitment to fight impunity is concerned.

2.4.4 Prosecutions for Serious Crimes.


The International Crimes Division (ICD) of Uganda’s High Court continues the trial of alleged former LRA commander Thomas Kwoyelo—in custody since his capture in the Democratic Republic of Congo in 2009—on charges of war crimes and crimes against humanity.

The trial has had numerous delays.


In September, 2019 the ICD confirmed charges of terrorism, murder, attempted murder, aggravated robbery against Jamil Mukulu, alleged leader of the rebel Allied Democratic Forces (ADF), and 37 others.

Dispensing justice expeditiously is still a big matter which infringes on human rights.
12 CHAPTER 3: ALTERNATIVE POLICY STATEMENT/ DIRECTION Having had the benefit of reading through the MPS of the sector and the interventions the ministry is proposing for the FY2020/21, it is not adequate in addressing the challenges at hand.

The Alternatives proposed below are meant to ensure that the government respects human rights and acts in line with the national and international standards to achieve the desired end.

3.1 Establish Independent Human Rights Court.


It is equally our considered humble opinion that there be established a special Independent Human Rights Court within the Judiciary.

This Court should only take into consideration Human Rights Violation matters.

It should be in position to expedite cases of Human Rights Nature and offer justice to the victims.
It isn't just about the human rights of individuals, it's about the functioning of the rule of law – of democratic institutions – in the country not all of which have, like it is the case in developed democracies that have enjoyed 300-odd years of democracy and freedom.

3.2 Facilitate participation of all society sectors in the political Process.
Within the framework of a broad political dialogue, its our humble proposal that the participation of all sectors of the society in the political process, including through support for the independence of the judiciary and the press and freedom of expression and assembly be facilitated as a policy matter.
We also call for the creation of a more favourable environment for a stronger civil society in the country, including guaranteeing the full legitimacy for human rights defenders to spare them from the harassment they had to face so far and establish closer links with international human rights non-governmental organizations.20 3.4 Issues immediate and clear public orders as a policy to security forces.
We equally propose that the government issues immediate and clear public orders as a policy to security forces to cease arbitrary arrest, detention and torture on the basis of religion or belief ; and or Investigate allegations of extrajudicial killings, torture and other cruel and inhuman or degrading treatment and bring perpetrators to justice.

3.5 Inquire into all allegations of human rights violations.
It is our prayer that the government takes the necessary measures to inquire into all allegations of human rights violations and bring to trial those responsible; Investigate all pending complaints about enforced or involuntary disappearances and have their perpetrators punished; Take measures to ensure the prompt release of persons detained for exercising their freedom of expression or as a result of their political views.21 This will ensure that justice is administered expeditiously.
20 humanrightshouse.org/letters-of-concern/stop-human-rights-violations-in-eritrea/ 21 https://humanrightshouse.org/letters-of-concern/stop-human-rights-violations-in-eritrea/ 13 3.6 Allow Access to all suspect detention centres.
The government should allow independent monitors to access all Ugandan detention facilities including the suspected “Safe Houses”and ensure that international standards of law in the treatment of prisoners and suspects are respected in Uganda and Ensure that arrested persons have adequate access to legal representation and to establish effective judicial oversight over police and security forces.22 CHAPERT 4: CONCLUSION.
Despite Uganda’s strong constitutional protections for human rights, public confidence in the government’s willingness to tackle human rights violations, corruption and respect for the rule of law has eroded.

Concerns remain about police brutality, the treatment of detainees and suspects remain a matter of concern.

In this line, Uganda continues to play an important but inconsistent role in advancing gross human the rights violations.
Its commitment to human rights and international justice in its foreign policy practice remains in question.

There is an urgent need to prioritize the fight against impunity for past and present serious human rights violations and abuses, by ensuring prompt, independent and impartial investigations for all violations and abuses and to hold those responsible accountable.
The authorities should take measures for the protection of victims and witnesses and ensure that those handling such cases, including the magistrates and judges, are safe and secure.

The human rights defenders in Uganda are concerned that efforts to bring to justice perpetrators of violations and abuses have been extremely limited thus far, with few arrests made by the police, and no suspect formally charged.
The authorities should take effective action to ensure that there is no impunity for perpetrators of violations and abuses, and for the international community to strengthen their support for national authorities and for the Special Criminal Court in this regard.
The rule of law should be strongly rights based – incorporating an access to justice component that focuses on strengthening the capacities of communities to understand and use local justice mechanisms as well as supporting human rights awareness and education, in particular through civil society.
The core objective of UNDP’s rule of law is meant to promote forms of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly enacted, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards.
The governmnet should aim at promoting justice as an ideal of accountability and fairness in the protection and vindication of rights as well as the prevention of and responsibility for wrongs.

Justice should demonstrate regard for the rights of the accused, for the interests of victims and for the well-being of society at large 22 https://humanrightshouse.org/letters-of-concern/stop-human-rights-violations-in-eritrea/ 14 I beg to Submit.

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